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HomeMy WebLinkAboutZBA Minutes 1989-11-08 1 • FILED TOWN OF ITHACA Date&wS& 441?. 1?. TOWN OF ITHACA ZONING BOARD OF APPEALS Clerk • J NOVEMBER 8 , 1989 The Town of Ithaca Zoning Board of Appeals met in regular session on Oednesday , November 8 , 1989 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Edward N . Austen , Joan G . Reuning , John ' C . Barney ( Town Attorney ) , Andrew S . Frost ( Building Inspector / Zoning Enforcement Officer ) , ALSO PRESENT : Calameze Walker , Alan Semel , Thomas Bell , Carmine Gerard , Fred T . Wilcox III . ADMINISTRATIVE MATTERS Chairman Aron stated that Mr . Edward Austen has agteed to continue to serve as a member of the Zoning Board of Appeals for another five - year term , commencing January 1 , 1990 , and expiring December 31 , 1995 . Chairman Aron regested a motion recommending to the Town Board Mr . Austen ' s reappointment . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board that Edward N . Austen be reappointed as a member of the Zoning Board of Appeals for a five - year term commencing January 1 , 1990 , and expiring December 31 , 1995 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . Abstain - Austen . The MOTION was declared to be carried . Chairman Aron stated that it is necessary for the Board to elect its Vice Chairman for the year 1990 , commencing January 1 , 1990 . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals elect and hereby does elect Edward N . Austen as its Vice Chairman for the year 1990 , commencing January 1 , 1990 . There being no further discussion , the Chair called for a vote . roeAye - Aron , King , Reuning . Nay - None . Abstain - Austen . Zoning Board of Appeals - 2 - November 8 , 1989 The MOTION was declared to be carried . Chairman Aron noted that the Board needs to recommend on the Chairmanship for the year 1990 , commencing January 1 , 1990 . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board that Henry Aron be reappointed as Chairman of the Zoning Board of Appeals for the year 1990 , commencing January 1 , 1990 . There being no further discussion , the Chair called for a vote . Aye - King , Austen , Reuning . Nay - None . Abstain - Aron . The MOTION was declared to be carried . Chairman Aron called the meeting to order at 7 : 10 p . m . and stated that all posting , publication , and notification of the public hearings had been completed and that proper affidavits of same were in order . Chairman Aron stated that the meeting will be adjourned at 10 : 00 p . m . and any action which may continue after 10 : 00 p . m . will be adjourned . Chairman Aron stated that when the public hearings are opened and anyone has anything to say for or against matters , he would ask that persons be to the point and factual , adding that neither he , as Chairman , nor the Board will entertain any emotional outbursts , and , if there are any emotional outbursts from anyone , that person will be asked to leave . Chairman Aron stated that by law the Tompkins County Planning Department has to be notified about appeals which fall within the jurisdiction of the County , for example , a parcel located on a county highway or a state highway , and they , in turn , have to respond with either an affirmative or non - affirmative review on the matter . Chairman Aron noted that the County Planning Department has responded affirmatively on each of the cases before the Board tonight . The first Appeal on the Agenda was the following : APPEAL OF ALLEN SEMEL , APPELLANT , CHASE FARM ASSOCIATES , OWNER , REQUESTING A VARIANCE FROM ARTICLE IV , SECTION 11 , PARAGRAPH 10 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME WITH AN INTERIOR HEIGHT MEASUREMENT OF 38 + FEET AND AN EXTERIOR HEIGHT OF 30 FEET , TO BE LOCATED AT LOT # 13 , 9 CHASE LANE , TOWN OF ITHACA TAX PARCEL NO , 6 - 45 - 1 - 61 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE ALLOWS FOR AN INTERIOR HEIGHT MEASUREMENT OF NO MORE THAN 34 FEET AND AN EXTERIOR HEIGHT OF 30 FEET . A FOUR- FOOT INTERIOR HEIGHT VARIANCE IS THEREFORE REQUESTED . Chairman Aron read the Appeal into the record . (Attached hereto Zoning Board of Appeals - 3 - November 8 , 1989 as Exhibit # 1 . ) Mr . Semel appeared before the Board and explained that when he and his wife started looking into a house at Chase Farm , they were looking for a two - story house and were not sure at that time whether or not they wanted a basement . Mr . Semel explained that they were living in the Town of Ithaca then , and they looked at a lot on Chase Farm and saw the " Auburn House " and liked the plans , adding that this was sometime toward the end of July . Mr . Semel stated that they then put a deposit on Lot # 13 at Chase Farm and , at the same time , put their house up on the market . Mr . Semel stated that they next looked at design , talked further , and decided they wanted a basement , adding that the original design of the house had a crawl space underneath . Mr . Semel stated that toward the end of August their house that was on the market was sold , adding that toward the end of August they signed a contract with the sales people at Chase Farm on the basic " Auburn House with a few modifications , including the addition of a basement . Mr . Semel reiterated that when they signed the contract for the " Auburn House " , their basic specifications included a basement . Chairman Aron asked if the people with whom Mr . Sequel talked made him aware that there was a height limitation , with Mr . Semel responding , no . Chairman Aron asked if the house was built yet or if , at this point , he had only the lot , with Mr . Semel responding that the house was not built yet and they had only the lot . Chairman Aron asked Mr . Semel how he became aware of the height limitation , with Mr . Semel explaining that he became aware of the height limitation about a month ago when construction on their house had not been started and , when he inquired as to why , he was told that apparently there were construction problems in regard to other houses getting done before their house . Mr . Semel stated that at that time he was still waiting for the blueprints and was informed that there was a possibility of a height problem , in terms of adding the basement . Continuing , Mr . Semel stated that at that time he and his wife looked at the possibility of changing the style of the house to be within the 34 - foot height law and to make the house look a little different from some of the other houses which were based on that same model . Mr . Semel explained that there were a couple of problems with this - - first , they did not like what they drew for them because it was about $ 6 , 000 . more than they could spend . Chairman Aron asked if the house was smaller with the new drawing , with Mr . Semel responding that it would be smaller because it changed the roof angle and added more windows to make it look better , and commenting that there are no drawings of the new sketch , and further adding that it also cut out a walk - in closet that was part of the master bedroom and left them with a very small closet upstairs and that was not what they wanted , and , in addition , it was $ 6 , 000 . more to make the changes . Mr . Semel stated that at that point he was informed that if he wanted to do this , keeping in mind that this was the house they were looking at and spending a lot of time considering , they would have to get a variance to have a basement . Mr . Semel stated that the addition of a basement does not change the look of the house from the outside , which is the same as a few others , adding that all it does is go into the ground more than the present model on Lot # 10 . Zoning Board of Appeals - 4 - November 8 , 1989 Mr . Semel stated that , at this point , this was causing problems for him and his wife because they are currently living in temporary housing - - an apartment - - with a lease through December , and after that it will have to be month to month if this keeps going on longer . Mr . Semel noted that it is a small one -bedroom apartment that they are not satisfied with . Chairman Aron asked how many are in Mr . Semel ' s family , with Mr . Semel responding , two right now , but they want to have children . Mr . Semel stated that , also , most of their furniture and most of their belongings are in storage in Ithaca and in his parents ' house in Elmira , which is causing some hardship because they do not have everything they need with them because the apartment does not hold much . Mr . Semel stated that their previous house also did not have a basement and space was still a problem in a house that size because they could not store anything . Chairman Aron asked what the interior size of the house they intend to build is , and what the interior size of their previous house was . Mr . Semel responded that the interior size of the house they intend to build is over 2 , 000 square feet , and the interior size of their previous house was about the same , but there was an apartment in the house that they rented , so there was no storage space . Mr . Semel noted that they had a small shed on the outside as part of the carport , which is similar to this design , where there was some storage in the back of the garage , however , it was not at all sufficient , mainly because they have a lawn mower , snow blower - - things like that • - - to fill the garage with . Mr . Semel stated that the need for a basement is that they need storage space for exercise equipment that they were not planning on putting in rooms in the house . Chairman Aron asked Mr . Semel if , at the time he talked with Mr . Frost , he became aware that he had to have a height variance , with Mr . Semel responding , no . Chairman Aron asked if Mr . Semel signed the contract with the Chase Farm people to purchase the house with a basement knowing that it was against the zoning law , with Mr . Semel responding that he signed the contract not knowing it was against the law . Chairman Aron asked if the sales people knew , with Mr . Semel responding that he did not believe the sales people knew either . Chairman Aron asked Mr . Semel who advised him to come before this Board , with Mr . Semel explaining that when he was dealing with the poeple at Chase Farm , they informed him about a month ago that there was a problem with the height . Chairman Aron asked Mr . Semel if he had anything else to add , with Mr . Semel responding that this situation was causing problems for them if they have to make changes that they are not financially prepared for , adding that they are at their limit financially now to build this house . Chairman Aron read into the record a letter , dated November 1 , 1989 , from the Tompkins County Department of Planning , stating : " . . . the proposal , as submitted , will have no significant deleterious • impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " ( Attached hereto as Exhibit # 2 . ) Zoning Board of Appeals - 5 - November 8 , 1989 Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing , and asked the members of the Board if there were any questions they wished to consider with respect to what is before them . Mr . Frost noted that Mr . Semel ' s house that he sold had been inspected by him and he could verify the statements with respect to storage space and possibly answer any questions regarding the storage area . Discussion followed on the provisions of the Ordinance with which the Board was dealing . Chairman Aron asked Mr . Semel if his 8 - foot basement was going to be a basement , or if he intended to put an apartment in , with Mr . Semel responding , a basement . Mr . King asked if there is an existing house on the lot southeast of Mr . Semel ' s lot , and if it is the same type - - " Auburn " , with Mr . Semel responding , yes . Mr . King asked if the other house contained a full basement , with Mr . Semel responding , no , adding that he believed it was just a crawl space . Mr . Frost stated that , technically , it is called a cellar , not a basement , if the floor is more than four feet into the ground , average • depth , which makes it uninhabitable space which cannot legally be used for an apartment . Discussion followed on the intent of Article IV , Section 11 , Paragraph 10 , and the roof pitches of houses . Chairman Aron stated that he was concerned about how many other cases may be coming before the Board from Chase Farm for this reason because this is the type of house they are building there . Chairman Aron wondered if the Town Board , as well as the Town Attorney , considered that there are different roof pitches , so that one house does not look like every other house that is 30 feet high , and so that they do not all look the same with no variation , and asked again if this had been considered by the Town Board when they voted on this height amendment . Discussion followed on the height amendment of the Ordinance and proper notification to appropriate people to prevent further problems with the houses at Chase Farm , as well as other developments . Mr . Frost pointed out that when you have two of these houses side by side , one with a cellar and one without , you are going to see the same house from the outside . Mrs . Reuning stated that she felt this case was similar to a previous case brought before the Board at an earlier meeting and the • circumstances are the same . Chairman Aron stated that his concern is that there are a large number of lots in Chase Farm and the Board may have to meet for every Zoning Board of Appeals - 6 - November 8 , 1989 lot , adding that something has to be done , together with the Town Attorney and the Town Board , to rectify some of these things . Chairman Aron commented that it looked to him as though the Board will have to deal with this development in months to come . Discussion followed on notifying Chase Farm about the law . It was noted that the Chase Farm people are aware of this and notification is in process to rectify this problem in the future . Chairman Aron also showed , by drawings , the variety of roof pitches that could occur and explained why there could be height problems with Chase Farm houses . Chairman Aron asked if there were any other questions for Mr . Semel . There being no further questions , Chairman Aron asked if anyone were prepared to offer a motion . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , in the matter of the Allen Semel Appeal for an area variance to permit the construction of a single family home , known as the Auburn House model , with the addition of an eight - foot cellar , on Lot 13 in " Chase Farm " , find and hereby does find , as follows : 1 * that said house will not exceed the thirty - foot exterior height • requirement of the Town of Ithaca Zoning Ordinance , but will exceed the thirty - four - foot interior height measurement , and 2e that the grant of such interior height variance would not be detrimental to the amenity of the neighborhood and surrounding lots , nor would it impinge inordinately upon the site view of any other house , and 3 * that neither the buyer nor the seller had been informed of the height amendment when this particular construction contract was signed , which would render the interior height measurement in violation of the Ordinance , such being a point of hardship which will not be the case in any other possible future appeals of this nature for Chase Farm houses , and 39 that requiring the applicant to diminish or reduce the height of said cellar by four feet to accommodate the Ordinance would impose an unnecessary hardhip on the applicant , and 4a that the public safety and welfare would not be at all injured by the grant of such interior height variance ; and 5o that no one appeared in opposition to the requested variance , and IT IS FURTHER RESOLVED , that , based on the foregoing Findings , said Board of Appeals grant and hereby does grant an area variance of four feet with respect to the interior height measurement of the home located on Lot 13 in " Chase Farm " . Zoning Board of Appeals - 7 - November 8 , 1989 There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . The second Appeal on the Agenda was the following : APPEAL OF CALAMEZE WALKER , APPELLANT , REQUESTING SPECIAL APPROVAL UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON- CONFORMING BUILDING / LOT AT 105 HICKORY PLACE , TOWN OF ITHACA TAX PARCEL NO . 6 - 53 - 1 - 15 . 141 RESIDENCE DISTRICT R- 15 . SAID EXTENSION PROPOSES THE CONSTRUCTION OF A 24 ' x 32 ' GARAGE TO BE LOCATED APPROXIMATELY 7 ± FEET FROM THE NORTHWEST SIDE PROPERTY LINE , WHEREAS A 20 - FOOT SIDE YARD SET BACK IS REQUIRED FOR AN IRREGULAR SHAPED BUILDING LOT . Chairman Aron read the Appeal into the record . ( Attached hereto as Exhibit # 3 . ) Mr . Walker appeared before the Board . Chairman Aron read into the record a letter , dated November 1 , 1989 , from the Tompkins County Department of Planning , stating : " . . . the proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no • recommendation is indicated by the County Planning Department and you are free to act without prejudice . " (Attached hereto as Exhibit # 4 . ) Chairman Aron noted that Mr . Walker had written a letter , dated November 8 , 1989 , stating the reasons why he would like to have the requested Special Approval , and read said letter aloud for the benefit of the public present . ( Attached hereto as Exhibit # 5 . ) Chairman Aron asked Mr . Walker if he had anything to add to his letter , with Mr . Walker responding that he was attempting to significantly upgrade the property and that upgrade is a huge improvement over what he started with . Chairman Aron asked Mr . Walker when he started remodelling , with Mr . Walker responding that he started about ten months ago , the 26th of December . Mr . Frost passed around photographs of Mr . Walker ' s garage showing how the old garage was structurally unsound , for the Board members to review . Mr . Frost noted that Mr . Walker ' s original contact with the Building Department was before December for putting up a pitched roof over the existing flat roof to prevent some leaking problems , for which a building permit was obtained . Mr . Frost stated that the next contact made was for doing an addition and there was discussion about the garage , adding that , at that time , the Zoning Ordinance did not require that a 100 ' x 150 ' rectangle needed to be inscribed within a lot , hence , Mr . Walker did not pursue getting a building permit for the garage since , at that time , he was dealing • with the rest of the house . Mr . Frost pointed out that around January , when the Zoning Ordinance was amended , this lot became a non - conforming lot because the 100 ' x 150 ' rectangle requirement could Zoning Board of Appeals - 8 - November 8 , 1989 • not be met within this parcel . Chairman Aron opened the public hearing . Mr . Carmine Gerard , 103 Hickory Place , approached the Board and stated that his property is just to the north of Mr . Walker ' s house , and further stated that he had no objection to what Mr . Walker proposes to do , adding that Mr . Walker was doing a good job and was improving the property . Mr . Fred T . Wilcox III , 109 Juniper Drive , approached the Board and stated that his property is just to the east of Mr . Walker ' s house , explained a small part of the history of the house , and stated that the work Mr . Walker was doing was certainly improving the house and neighborhood and he had no objections . Chairman Aron closed the public hearing . Mr . King asked Mr . Frost what the side yard variance is for a garage . Mr . Frost explained that if you cannot inscribe a rectangle 100 ' x 150 ' within a parcel , the side yards have to be increased by 10 feet and the rear yard has to be increased from 30 feet to 50 feet . Mr . Frost noted that , in December , all that was needed was a 10 - foot side yard setback from the garage , however , now , because of the change in the Ordinance sometime in January , Mr . Walker needs a 20 - foot side • yard setback . Mr . Frost also noted that , possibly , part of Mr . Walker ' s concern was that if he went back far enough to meet the side yard setback , he would run into some grade problems . Discussion followed on Mr . Walker ' s lot , lot measurements , and gradient . Mr . King noted that the side yard setback averaged almost 20 feet . Discussion also followed on Mr . Walker ' s driveway which is partially located on the neighbor ' s property . Mr . Walker stated that this is a separate issue that will be brought up at a later date . Discussion also followed as to where the 100 ' x 150 ' rectangle may be inscribed within a lot . It was determined that the required side yard setback for the garage in this case is ten feet , and a 3 - foot variance was needed . There appearing to be no further questions or comments from the Board , Chairman Aron asked if anyone were prepared to offer a motion . MOTION by Mr . Edward Austen , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , in the matter of the Calameze Walker Appeal for Special Approval , under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , for the extension of a non - conforming building / lot at 105 Hickory Place , • Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 15 . 14 , said extension being the reconstruction of a 24 feet by 32 feet garage to be located on the west side of the house , the northwest corner of said garage being Zoning Board of Appeals - 9 - November 8 , 1989 • approximately 7 feet from the northwest side property line , ten feet being required , find and hereby does find as follows : 1e that there were no objections by the neighbor to the west , he being the only one that would be affected by this particular change in dimensions , and + 2 . that the neighbor actually appeared and approves such proposal , as does the neighbor across the street , the distance from his house to the lot line being significant , roughly 41 feet from the lot line to the neighbor ' s , and IT IS FURTHER RESOLVED , that , based on the foregoing Findings , said Board of Appeals grant and hereby does grant the requested Special Approval to permit the applicant to reconstruct his garage so that the northwest corner is no closer than seven feet from the westerly property line . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . • The last Appeal on the Agenda was the following : APPEAL OF THOMAS G . BELL , APPELLANT , REQUESTING A VARIANCE UNDER SECTION 9 OF TOWN OF ITHACA LOCAL LAW NO . 7 - 1988 , AS AMENDED , " REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA " , FOR THE TEMPORARY EXEMPTION OF AN INSTALLED AND OPERATIONAL AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEM IN A PROPOSED WAREHOUSE TO BE CONSTRUCTED AND LOCATED AT 614 ELMIRA ROAD ON A RECENTLY SUBDIVIDED PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 33 - 3 - 2 . 2 , LIGHT INDUSTRIAL DISTRICT . Chairman Aron read the Appeal into the record . ( Attached hereto as Exhibit # 6 ) . Mr . Bell appeared before the Board . Chairman Aron read into the record a letter , dated November 1 , 1989 , from the Tompkins County Department of Planning , stating : " . . . This proposed action does not meet the conditions outlined in Section 239 -m and , therefore , requires no review by the Tompkins County Planning Department . " ( Attached hereto as Exhibit # 7 . ) Chairman Aron asked Mr . Bell why he did not want to put a sprinkler system in , with Mr . Bell responding that he was going to put a sprinkler system in and that was not the problem he had . Mr . Bell stated that the problem he has is hooking it into the City water system in his area , adding that the Town is planning to put a water and sewer line into this particular area commencing sometime this • spring and maybe finalizing it in a year . Chairman Aron asked if Mr . Bell has already built the warehouse , Zoning Board of Appeals - 10 - November 8 , 1989 with Mr . Bell responding that it is under construction . Mr . Frost added that Mr . Bell was given a foundation permit only . Chairman Aron asked if Mr . Bell was familiar with Town of Ithaca Local Law No . 7 - 1988 , and if he had a copy of it , with Mr . Bell responding , yes . Chairman Aron read from Section 5 therein , and noted that in this Section it says , " No building permit shall be issued for the construction of any new building , structure or portion required to have an approved sprinkler system pursuant to this ordinance unless an approved sprinkler system is included in the plans for such construction submitted fol"r the building permit . " Chairman Aron asked Mr . Bell if he submitted a sprinkler system plan . Mr . Bell explained that he could not do that because the Town of Ithaca does not know what the water pressure will be . Chairman Aron stated that that had nothing to do with it . Mr . Bell responded that it did because the people who put in New York State approved sprinkler systems cannot do it unless they know the pressure . Chairman Aron asked if Mr . Bell had any affidavits to that effect , with Mr . Bell responding , no , and explaining that he could furnish all types of plans to do it , and that he is going to have one installed . Mr . Bell stated that all he is asking for is a variance to wait until he has public water to the site . Chairman Aron noted that it is not known when that will be . Chairman Aron , noting that Mr . Bell had a retail store in front of the warehouse , asked where he got the water from for the store , with Mr . Bell responding that the water came from a spring . Mr . Bell mentioned to the Board that there are water problems in that area , however , the fact is that he is going to install a sprinkler system but he cannot activate it until the water pressure is known . Mr . Frost noted that there are other properties that do not have public water but have managed to come up with designs for a sprinkler system with . a slight over - design , or over - build , built into it , but the contractors / engineers / architects managed to submit a plan based on rough calculations . Mr . Frost noted also that there are going to be minimum pressure requirements for a public water supply . Mr . Bell stated that Supervisor Desch told him that the pressure could be anywhere from 40 to 70 pounds . Mr . Frost offered that , to the best of his knowledge , this is probably within the scope of which a reasonable design system could be designed . Mr . Bell stated that he could design one for a 50 -pound pressure and give cost figures on that , but , it is a situation where he is not going to take one person ' s bid on a system that is as expensive for a 12 , 000 - square - foot building as this would be . Mr . Bell stated that it could be very cost -prohibitive and he was shopping for different people for prices , adding that it is very difficult to come up with a design that is going to satisfy the Board and himself without shopping . Mr . Bell stated that it would also be very stupid for him to construct a warehouse that size and not install the system while it is being constructed because it would be cost -prohibitive to put it in later , so , it is to his advantage to put it in now , which he planned Zoning Board of Appeals - 11 - November 8 , 1989 • to do , but it is just a situation where , without some real basic costs where these people can come in with some bids for him , and knowing what is pretty much going to be the water pressure , and he told them he thought we can arrive at around a 50 - pound average , then they can start doing this . Mr . Bell stated that his feeling was that he did not see why the Board should hinder the building permit , he thought it should hinder the occupancy permit . Chairman Aron stated that what Mr . Bell thinks and what the law thinks are two different things . Mr . Bell replied that he is having a sprinkler system ; he is not breaking the law ; the system will be in . Chairman Aron pointed out that , according to the law , he should not have even had a building permit . Mr . Frost noted that Mr . Bell has a foundation permit , but has not been given permission to go beyond the foundation . Mr . Bell pointed out that , up the road for instance , Cannon Pools , is building without sprinklers . Mr . Frost stated that Cannon Pools has a sprinkler system which will be connected to 2 , 000 gallons worth of storage space . Mr . Bell replied that that was something about which he was told that the Fire Underwriters would laugh at , adding that they would not write him a policy saying that a 2 , 000 gallon holding tank would be sufficient enough . Town Attorney Barney stated that the problem is , while that may • be true , the Board was dealing with the same situation with them , but they put in a sprinkler system and came up with a design , and put in a 2 , 000 gallon holding tank , which gives them something to hold them until water is put in . Mr . Bell stated that a 2 , 000 gallon holding tank would fill his system , and asked , then what do you do ? Mr . Austen offered that Cannon ' s building is a completely different building in size and design , adding that Mr . Bell might need a 20 , 000 gallon tank . Mr . Bell responded that then stress factors come in on how the floor will support a 20 , 000 gallon tank ; how it will be heated in a non - heated warehouse ; it goes on . Mr . Bell stated that it is not a simple case . Town Attorney Barney stated that he was not so sure that this Board is looking to make Mr . Bell put in a 20 , 000 gallon storage tank , adding that he did not think Mr . Bell can point to Cannon Pools and think they are getting a break that he is not . Mr . Bell replied that he was not saying that , he was saying that the Fire Underwriters are telling him that is crazy . Mr . Bell stated that what they want from him is a sprinkler system , installed ; it does not have to be hooked up ; they want a receptacle on the outside that the Fire Company can hook up to . Mr . Frost inquired if Mr . Bell were talking about the Fire Department , or the Underwriters , or NFPA regulations , with Mr . Bell responding , NFPA regulations , and adding that they want to see , if you have not got a source big enough to cover a 12 , 000 square foot building , that an outside hook up can be . . . . . Mr . Frost interjected • that Mr . Bell is talking about a " siamese " connection , adding that they are required for any building regardless of the size . Mr . Bell stated that that was correct , adding , however , he would have to have a Zoning Board of Appeals - 12 - November 8 , 1989 • temporary variance until there is a Town water supply . Mr . Frost pointed out that this is a local ordinance and not necessarily a building code required by the Building Code itself , adding that the wisdom behind the Board is that some water discharged from the system is better than no water . Mr . Bell pointed out that it would take a monumental amount of water to cover 12 , 000 square feet . Mr . Frost pointed out that you are not discharging a sprinkler head to cover a 12 , 000 square foot area , you are discharging a sprinkler head to cover an immediate area where the heat and fire had initiated the melting of the link of the sprinkler head ; you have , basically , coverage of an area that is 30 feet . Mr . Frost offered that , in favor of Mr . Bell , the variances that have been granted were , one , for a veterinarian hospital where there is occupancy of a building , including animals , and , two , Cannon Pools where there is retail occupancy during the day , noting that in the case of a warehouse , occupancy by human beings will probably be very limited , so , in terms of risk to life , we are dealing with an occupancy classification that is less risky toward human life than a retail business or a vet hospital . Town Attorney Barney asked Mr . Bell , assuming he had an adequate supply , how he is going to heat it . Mr . Bell stated that they have systems that it comes to it in a heated area , for example , you can have , where the coupling comes into the building , like their bathrooms • are heated , so , where it would go into the system , from that point , it is heated , and , once it is activated in the cold area , it just goes through the pipes , does the spraying , and shuts down . Mr . Frost explained that it is basically a dry system that releases air through the sprinkler head in the cold area and , through that release of air and air pumps , it will release the water from the heated area where the sprinkler main is , and rush water down the line to the area where the sprinkler head had opened up . Mr . Frost noted that there are also systems where you have antifreeze in the pipes , but he has not seen that too often . Mr . King asked Mr . Bell what he was proposing on this system , with Mr . Bell responding that he was proposing a dry system because , basically , depending on a tenant , certain tenants might want to heat a bay , adding that they furnish their own heat . Mr . King pointed out that Mr . Bell had to make sure that some area is heated . Mr . Bell stated that his bathrooms are heated at all times and that is where the hook -up would be . Mr . King wondered if that would be adequate to protect the entire building . Mr . Bell replied , yes , because he does not need a holding tank , he just needs it from the source , adding that it can be a direct line from public water to that point and when it is activated , it fills the system . Chairman Aron asked Mr . Bell when he thought he would be going to have Town water , with Mr . Bell responding that the Town of Ithaca has , commenting that he went to one of their meetings , definitely scheduled • it , adding that it is supposed to be on their agenda starting April 1st and could end in either 1991 or 1992 . Mr . Austen pointed out that that job has not been bid yet , if he remembered correctly , so , the Zoning - Board of Appeals - 13 - November 8 , 1989 • Board has no assurance . Chairman Aron agreed that there is no assurance , adding that a new administration is starting as of January 1 . Mr . Bell stated that it was his understanding that it was definitely approved that they were going to get water . Chairman Aron asked Mr . Bell if he meant that the Town Board had approved it , with Mr . Bell responding , yes . Town Attorney Barney stated that the Town Board has approved some water and sewer , in fact , bids went out which , he thought , were returnable today , however , he was not sure what area they encompassed . Chairman Aron stated that the bids which were opened today were for a sewer line from the Hospital up to Dr . Goodfriend ' s on Trumansburg Road - - about 1 , 500 feet - - but no water line . Mr . Bell noted that that is not their area , adding that he was at a meeting held right here where it definitely was approved by the Board to have water and sewer in their area . Town Attorney Barney stated that what was approved was that the engineers were authorized to go ahead and draw up the bid documents and go out and bid , however , it is not approved until a bid is accepted , and , if the bid comes back higher , in excess of what they want to spend , then , it may not be approved . Mr . Bell stated that they also said ' they would consider doing it in - house if the bids are too high . Town Attorney Barney offered that , there , he thought Mr . Bell was going beyond what was agreed to at that time , adding that he did not think there was anything agreed to specifically ; they basically said they accepted the • study the engineers did and said , fine , go ahead to the next step . Mr . Bell responded that he believed their statement was that there would be water in their area no later than - - and they gave a date . Mr . Bell stated that there were people there from the neighborhood and from the motels , and they said they would have water . Town Attorney Barney stated that , at this juncture , there is no guarantee , adding that it is probably less of a guarantee today than it might have been two days ago , and further adding that he was not saying it will not be there , but he did not think anyone can sit here and say that " you " are guaranteed that there will be water , and commenting that they would have said that under any circumstances because you have to have an acceptable contract . Mr . Bell stated that he would say that , of anywhere in Tompkins County , this is probably one of the most depressed areas for water , so he would think they would give that high priority , adding that that was the way it was stated . Mr . Frost pointed out that what this Board was saying was that it cannot be guaranteed . Chairman Aron stated that what is before the Board is not whether or not they put the water in , or when , the question is would Mr . Bell be putting in a protective system . Mr . Bell stated that he was more than willing to put in a protective system , but where is his water source ? Mr . Frost suggested , perhaps , the installation of a system where the Fire Department can hook up and pump water through the line , • adding that it might lessen the risks of the fire fighter . Mr . Frost noted that fire codes not only protect life and property , but they also protect fire fighters , and added that the concern is not so much Zoning Board of Appeals - 14 - November 8 , 1989 with the occupants because there will not be too much occupancy . Mr . King wondered if the Board has any guarantee as to the use of this building , adding that Mr . Bell has characterized cold storage , and asking how the Board would know that it would not be put to another use . Mr . Bell responded that he cannot limit the use , noting that it is zoned specifically for him to utilize it in all respects that it is zoned for . Mr . Bell stated that he could not say that sometime in the future some rug distributor might not be down there with a warehouse in the back and also be maintaining a small showroom and office in the front . Mr . Frost stated that there would be limitations , based on the construction of the building as a storage building , noting that a storage building would have what is called a C - 4 occupancy classification , which then would be divided into low hazard , moderate hazard , and high hazard . Mr . Frost pointed out that how Mr . Bell is permitted to build that building would limit the degree of hazard , adding that , certainly , he would not be permitted to have a high hazard occupancy . Mr . Frost stated that Mr . Bell would not easily be able to go from a storage occupancy classification to business without modifications to the inside of the building , so , there would be some building code limitations as to what he could do . Mr . Frost offered that it is possible , down the road , but he would need to modify the building to accomplish that . • Mr . King wondered if that would ordinarily require modification to the sprinkler system . Mr . Frost responded , not necessarily by our local law , adding that , if he were to go to a higher hazard , Code might trigger a sprinkler system . Mr . Frost stated that he thought we are looking at this building as being C - 4 , a low hazard type building , but you also have to know who is being rented to because you may have to turn around and say they cannot store that type of material in the building . Mr . Bell noted that that is one of his by - laws with his leases - - that they are not going to have any flammable materials . Mr . Frost offered that examples as to what Building Code would call moderate hazards are : air craft hangars , fire halls with assembly space , fur storage , furniture warehouses - - which is a possibility - - so Mr . Bell could be at a moderate hazard - - garage with maintenance or repair facilities , grain elevators , lumber storage , paper / cardboard storage . Mr . Frost stated that he thought the presence of furniture creates combustible materials to a volume that would be considered a high fire load - - that would be considered moderate hazard . Mr . Bell wondered if he were allowed to have moderate hazard , with Mr . Frost responding , perhaps , noting that he has only gone so far as to grant a foundation permit . Mr . Bell offered that with regard to a warehouse , if you said you could not store furniture , it would be very much limited as to what the warehouse is designed for . Chairman Aron asked if Mr . Frost , when he gave the permit to Mr . Bell , talked to him as to the sprinkler system , and if he made him • aware of the responsibility he has to provide him with some kind of a plan of what he intends to do . Mr . Frost replied that , prior to issuing a foundation permit , he received a complete set of plans from Zoning Board of Appeals - 15 - November 8 , 1989 • a licensed engineer . Mr . Frost stated that he had some questions which delayed him totally , permitting only the issuance of the foundation permit for which we had enough information to go by . Mr . Frost stated that he did talk to the engineer to determine that the foundation would be adequate for whatever might be approved beyond the foundation . Mr . Frost stated that he told Mr . Bell , as well , that he would need sprinkler plans to be submitted , as he has done in the past , adding that once the building permit is issued for the entire project , the intention is that a sprinkler system is going to be put in unless a variance is granted by the Board of Appeals . Mr . Frost reiterated that , at this point in time , he has not given Mr . Bell anything beyond the foundation . Chairman Aron , noting that the building is 12 , 000 square feet , asked if it were going to be separated . Mr . Bell replied that it will have three bays of 4 , 000 square feet each . Chairman Aron wondered if each bay will have its own entrance door , with Mr . Bell responding that there will be a passage door and an overhead door , adding that the building is designed such that you cannot drive any vehicle into it . Mr . Bell stated that it has loading docks , so there will be no vehicles , adding that fork lifts will be allowed inside the building to get freight off the loading docks . Chairman Aron asked Mr . Bell what he had envisioned , that is , what his plans were for the type of storage for the bays . Mr . Bell . responded that he has high interest from Cornell and Ithaca College , adding that Cornell has expressed to him that they would probably store office equipment , and Ithaca College is very interested but they have not told him what type of storage they have in mind . Chairman Aron wondered if they would lease the space from him and use two bays . Mr . Bell replied that it is a situation where you can subdivide it , basically , two or three different ways - - three 4 , 000 - square - foot bays , an 8 , 000 and a 4 , 000 . Mr . Bell stated that Cornell wanted 8 , 000 square feet and he can furnish them 8 , 000 square feet , but he would never go beyond 8 , 000 square feet for one tenant , commenting that if that tenant vacates that large an area then you are out a tenant , and adding that the best avenue is three separate tenants ; that way if you have one move out you still have two making the mortgage payments . Chairman Aron asked if he were correct in stating that Mr . Bell has not contracted with anyone yet , with Mr . Bell responding that he had not , and commenting that it is a plus without having any vehicles stored or gasoline . Chairman Aron wondered how Mr . Bell would control that there is no gasoline or any other flammable liquids , with Mr . Bell responding that it will be in his lease , adding that he will control it with inspection . Mr . Bell stated that he has , in his lease , the right to inspect with a four - hour notification , unless it is an emergency . Chairman Aron asked Mr . Bell if he had contacted any of the installers as to the sprinkler system , and wondered if they have given him any indications or recommendations as to types . Mr . Bell replied • that he had , adding that , when you contact them , they would very much like to have your business and a system for his size building can run from $ 12 , 000 . 00 to $ 20 , 000 . 00 for a total system . Mr . Bell stated Zoning Board of Appeals - 16 - November 8 , 1989 . that it is a situation where someone might say it is $ 18 , 000 . 00 , and another might say they can do it for $ 12 , 000 . 00 , adding that it has to go out to bid in order for him to be protected . Mr . Bell stated that what he was trying to do is satisfy everyone that he is definitely going to guarantee that he is having a system , adding that he would like to see the bids . Chairman Aron asked Mr . Bell what was holding him back from getting bids out , and wondered if , as he was building the building , it would not be more appropriate for him to get plans to install this system , rather than waiting until everything is completed . Mr . Bell responded , yes , except for one thing , to satisfy this Board , he did not know what he really needed to have , so it would be difficult for them to give him bids on an unknown factor . Mr . King wondered why Mr . Bell did not have his engineer specify a system and use his best judgment by talking with the Town , in order for this Board go have something to go by . Mr . Bell stated that the engineer has recommended people to him but he has not drawn up a system . Mr . Bell stated that they were a little reluctant to draw up a system until he could pretty much guarantee them a solid pressure with which we would be dealing . Mr . Bell stated that , as far as the piping goes , if it does not maintain a certain pressure , then they have to go with smaller or larger piping , and that makes a lot of difference in costs . Mr . Austen pointed out that this Board cannot guarantee Mr . Bell a pressure . Mr . Bell agreed , adding that he meant , however , with an outside hook - up , like the Board is talking about , you • can guarantee pressure . Chairman Aron wondered why , then , they do not design a system so the Board can have something to look at . Mr . Bell responded that whatever system they design , they have to guarantee it to be satisfactory with the building codes , for this area , to the Fire Underwriters , adding that it is just a matter of his getting bids to find out his best buy . Chairman Aron stated that that is not the Board ' s concern , adding that the Board has to deal with whether or not Mr . Bell is putting in a system , which , at this point , Mr . Bell is refusing to do . Mr . Bell stated that that was not correct , adding that he is going to put one in . Mr . Bell stated that all he is asking is that he have the right to complete the building and install a system when he has the plans , and the Board has the final approval before he receives a certificate of occupancy . Chairman Aron pointed out that the law says that is not so . Mr . King wondered if it would make any sense to , say , design it for 40 pounds per square inch . Mr . Bell stated that you can do that , but , by the time they get that in and going on it . . . . , adding that he was just asking to get permission for a span of time to keep completing his construction . Mr . King stated that he thought this Board is going to want to know what is going in there , with Mr . Bell responding , an adequate sprinkler system . Town Attorney Barney stated that the Board has nothing to assure that . Mr . Bell questioned what good the building would be if it were all finished and it cannot be approved by the Board because the sprinkler system is not adequate . Town Attorney Barney stated that the point is that the Town does not • want people to build houses in good faith that they are going to complete them in accordance with the codes - - they have to show plans . Mr . Bell stated that Attorney Barney was talking about months of time . Zoning Board of Appeals 17 - November 8 , 1989 Mr . Frost stated that what Mr . Bell seems to be saying is that he is asking to be given permission to be able to get a building permit to continue construction , but that he is not going to occupy the building until he meets the Town standards . Mr . Bell stated that that was correct , adding , by submitting plans , drawings , etc . , whatever is required . Chairman Aron wondered what was stopping Mr . Bell from doing that now , with Mr . Bell replying , time , and adding , if he can state to them that he is pretty much sure 50 pounds can be done . . . , and further adding , but it is going to take time . Town Attorney Barney pointed out that that did not excuse Mr . Bell from coming up with a sprinkler system plan and doing it before he gets a building permit . Mr . Bell stated that he was ready for a building permit now . Mr . Frost interjected that that was not correct , adding that the dialogue for considering a sprinkler system began almost a month ago , and further adding that he had talked with Mr . Bell ' s engineer . Mr . Bell agreed , adding that he had been pursuing it ever since , contacting people on the Town Board , and everything else , to get these stipulations so these people can design a system . Mr . Bell stated that it is very difficult to design a system not knowing what you are going to have - - a well , a spring , public water . Chairman Aron stated that , as an engineer , he did not agree , adding that they can design a system for the poundage they think they will have . Mr . King wondered if requiring a system for 40 pounds per square inch would not probably be an overkill . Mr . Frost offered that he thought they can do a design based on pipe sizing without knowing too much of the ® hydraulics . Chairman Aron agreed . Mr . King stated that the Board is concerned with the service coming into the building , not the size of the sprinkler lines going to the individual sprinkler heads , adding that there is no reason why this cannot be done . Chairman Aron stated that he would suggest to Mr . Bell , and to the members of the Board , an adjournment of the matter until Mr . Bell has provided the Board with a set of drawings and plans , and an indication as to Mr . Bell ' s intent with respect to an engineering outfit . Town Attorney Barney stated that he might make a suggestion as to what this Board is going to require in terms of design , say , like a 40 pound pipe size . Town Attorney Barney stated that he thought the Board may make a determination as to whether it may grant a variance from that requirement , and then may wish to leave it to the Building Inspector / Zoning Enforcement Officer as to whether or not the plans that are submitted are going to meet the requirements that this Board has proposed . Town Attorney Barney stated that he would , however , strongly recommend that the Board require that Mr . Frost seek plans before any further permits are granted and that such plans conform to whatever it is the Board determines to be an acceptable level of protection . Mr . King wondered if the Board should require a design for a 40 pound per square inch and a three - inch pipe . Mr . Austen responded that he would not want to size the pipe because that would depend on the flow per head , however , he was satisfied to put 40 • pounds in as a requirement . Chairman Aron asked Mr . Bell if he will present this to Mr . Frost , with Mr . Bell responding , definitely . Mr . Bell , commenting that there was a point he wanted to clarify now , asked , if he does get the engineering plans , and it is designed to a j - Zoning Board of Appeals 18 - November 8 , 1989 ® 40 pound specification , and Mr . Frost agrees that the plan is adequate , at that time , can he be issued the building permit . Mr . Frost responded , yes , adding , then it is a question of what this Board is granting once Mr . Bell wants the certificate to occupy . Town Attorney Barney noted that , first , the question is if the Board is willing to accept a building that will not be sprinklered initially , except for the Fire Department hook - up . Mr . Austen stated that he would say that the Board needs to hear from the Fire Department as to whether this is acceptable to them . Mr . Frost stated that the Fire Department would agree that an ideal system is one that meets NFPA design standards , which is not what is being provided here . Mr . Frost stated that he would most certainly like to get input from the Fire Department . Mr . King wondered why Mr . Frost said it will not meet the design requirements . Mr . Frost responded that once you get public water , yes , perhaps , but he was saying , to permit a spring or a private well , that will not give the demand that NFPA would state as necessary . Discussion followed on designs of sprinkler systems . Mr . Bell stated that he would like to ask again if he comes up with an adequate system like has been talked about and comes to the Board , would he be granted a building permit . Mr . Frost replied , yes . Town Attorney Barney cautioned , if the Board grants the variance . Mr . Frost commented that if Mr . Bell had come to him last week with • adequate plans , he would have received a building permit , and added that the question is , when Mr . Bell wants to occupy the building either he has an adequate sprinkler system or he has a variance . Town Attorney Barney stated that this Board needs to take action tonight to say either those are the only plans Mr . Frost is allowed to accept or the Board grants a variance from the requirements and it allows Mr . Frost to accept something different on the assumption that there will someday be public water . Mr . Frost agreed , adding , however , if it is under the assumption that Mr . Bell will have public water , the design for the system will have to meet the public water Code . Mr . King wondered how the Board would know that one siamese connection will be adequate for a building this size . Mr . Frost stated that he will check the Code on that , but it is just a matter of still having some connection outside the building whether you have two connections or one connection . Mrs . Reuning pointed out that that is the engineer ' s problem . Town Attorney Barney asked if he might suggest that a motion might say something to the effect that the variance is granted from the sprinkler ordinance permitting installation of the sprinkler system designed to accept 40 pounds pressure but with an alternative arrangement for immediate use that would enable the Fire Department to hook on in a way that permits the system to be activated , and all of that should be engineered in plans to be provided to the Zoning Officer before further building permits are issued . Mr . King noted that the plans would have to be approved by Mr . Frost and by another , such as the Fire Department . MOTION by Mrs . Joan Reuning , seconded by Mr . King : Zoning Board of Appeals - 19 - November 8 , 1989 • RESOLVED , that , in the matter of the Thomas Bell proposed warehouse to be located at 614 Elmira Road , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Town of Ithaca Local Law No . 7 - 1988 , as amended , permitting the installation of a sprinkler system designed to accept 40 pounds of pressure , but with an alternative arrangement for immediate use that would enable the Fire Department to hook on in a way that would permit the system to be activated , all to be engineered in plans to be provided to the Building Inspector / Zoning Enforcement Officer prior to the issuance of any further building permits , and with such plans to be approved by the design engineer , the Building Inspector / Zoning Enforcement Officer , and the Fire Chief as being acceptable at that time . Chairman Aron asked if there were any discussion on the MOTION . Mr . Austen stated that the Board will reserve decision on the building occupancy . Mr . King stated that the variance is granted upon the understanding that this building is to be used as a warehouse . Mr . Bell stated that , basically , it will fall into that usage , adding that it is zoned , too , if someone , like a rug dealer , was there and he wanted to put a showroom and a small office in the front and have the warehouse in the back , then , under zoning , that is still allowed . Mr . Frost stated that he wished to make it clear that that . cannot be done , by the Building Code , unless the building plans are modified to accommodate that . Mr . Frost stated that Mr . Bell was just permitted strictly a storage building , not retail space or office space , reiterating that Mr . Bell would be getting a permit for storage space . Mr . Bell stated that he understood that part , but , if in the future , some tenant wants to do something , he would have to get a building permit to modify the building by Code . Chairman Aron pointed out that it then would come back to the Zoning Board of Appeals . Mr . Bell stated that he understood one has to have a building permit for anything one does , however , it would not limit him to say that he could never have someone come to the Zoning Board of Appeals to get a building permit to do this . Chairman Aron stated that this is a different issue altogether . Chairman Aron asked if there were any further discussion on the MOTION . There being none , Chairman Aron asked for a vote . Aye - Aron , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman Aron declared the November 8 , 1989 meeting • of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 10 p . m . Zoning Board of Appeals - 20 - November 8 , 1989 Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . 1 � Henry Aron , Chairman • TOWN OF ITHACA FEE : $40 . 00 • 126 East Seneca Street RECEIVED : YO ' Ithaca, New York 14850 CASH ( 607 ) 273- 1747 CHECK ® ZONING : A P P E A L For Office Use Only to the Bui_ ldtng_Inspector/Zoning_ Enforcement Officer and the Zoning Board of Appeals of the i Town of Ithaca, New York Having been denied permission to contruct a two ( 2 story single family home , with a basement . _ at Lot 13 , Chase Lane Town of Ithaca II Tax Parcel No . 45 - 1 - 61 as shown on the accompanying II application and/or plans or other supporting documents, for the stated reason that the Issuance of such permit would be In violation of : Article ( s ) IV Section( s) II Subdivision 10 of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and, In support of the Appeal , affirms that strict observance of the Zoning • Ordinance would Impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as followse CAdditional sheets may be attached as necessary . ) . SEE ATTACHED Signature of Owner/Appellant : Date : • Signature of Appellant /Agent : Date : ! 0 0 �r Y • The language of Article IV , Section 11 , Subdivision 10 does not allow for a basement to be added to the proposed Auburn- style home illustrated , in the attached drawings and photographs . While this design with a basement does not exceed the current allowable height of 30 ' measured from lowest exterior grade , It does exceed the allowable height measured from lowest interior grade , ( 34 ' feet allowed by code , 38 feet required for usable basement ) . A basement added to this house would only exceed a dimension which is underground , and , therefore , does not affect the visual quality of the house as seen from the street . In fact , the house would look exactly the same on the outside as the house constructed on lot 10 at Chase Farm ( which has a crawl space ) . The house I seek a variance for with basement would not have any outside access to the basement except for a " bilco " type stair ( covered ) . The house without a basement imposes a practical difficulty because without a basement the house has inadequate space for storage and also lacks sufficient work space related to home maintenance . The current zoning ( prohibiting a basement in this design ) also imposes financial hardship to me because I have already sold my house and am now paying rent on an apartment ( and consequently losing the tax advantages , associated • with home ownership ) as well as having money tied up in the land on which the proposed house is to be built on ( which I cannot build without a variance ) . I have also committed money for the plans of the house which would be lost „if I cannot build this house . In addition , I am also experiencing the emotional hardship caused by living in temporary housing beyond a reasonable period necessary to - construct a new home ( because if the internal height issue I cannot begin construction , and if I cannot exceed the interior height dimension , I will need to redesign the house , causing further time delays , and a prolonged stay in temporary housing ) . PLOT PLAN INFORMATION TO BE SHOWN : 1 . Dlmenslons of lot . 4 . Dimenslons and location of proposed structure ( s ) or 2 . Distance of structures from: or additionCs ) . Q a . Roads 5 . Names of neighbors who bound lot . b . Both side lot llnes , 6 . Setback of neighbors . c . Rear of lot . 7 . Street name and number . 3 . North arrow . 8 . Show existing structures In contrasting Illness .0 00 t .53` • 06 .. 1 ov 40 1000 a� r . VOW / . • lot imp 410 AM 10 fft NtM � e,Wig .. r4400, Pa &P�. 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So I In fir u x , 1o1 1NV o I\t ALU A „ R64 1+1 ~ \ w. ### ## ##### TOMPKINS COUNTY DEPARTMENT OF PLANNING #### ####### #### ####### Harry Missirian Acting Commissioner of Planning ############# ############ November 1 , 1989 To : Andrew Frost , Zoning Officer - - From : Harry Missirian , Acting Commissioner of Planni Re : Zoning Review Pursuant to Section 239- 1 and - o the New York State General Municipal Law . Proposed discretionary action : Area variance appeal of Allen Semel at 9 Chase Lane ( within 500 feet of county highway ) Tax Map No . 45 - 1 - 61 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department . Zoning Review , pursuant to NY General Municipal Law , Section 239- 1 and -m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . copy : file Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 TOWN OF ITHACA FEE : $40 . 00 126 East Seneca Street RECEIVED : y0 Ithaca, New York 14850 CASH ( 607 ) 273- 1747 CHECK ZONING : A P P E A L For Office Use Only to the -But Wing Inspector/Zoning Enforcement Officer and the Zoning Board of "& Is of the Town of Ithaca, New York Having been denied permission to au ► Lb A 1401 X 3z < < F oN M *)MF at IDS 141 c4cbsL/ pocwe� Tow, of Ithaca Tax Parcel No . h J 3 ! � � y as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would bbeIn violation of : Article (s ) !1 / 1 Sections) U of the Tawe of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and, In support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES ' and/or UNNECESSARY WARDSHIP as follows . CAdd i t 1 oral sheets may be attached as necessarye )k7ACA . G� Signature of Owner/Appellant : Date : /L Signature of Appellant / Agent : Date : D PLOT PIM, INFORMATION TO BE SHUA 1 . Dimenslons of lot . 4 . Dimensions and location of proposed structure ( s ) or 2 . Distance of structures from: or addition( s ) . ® a . Road , S . Names of neighbors vho bound lot . b . Both side lot lines, 6 . Setback of neighbors . c . Rear of lot . 7 . Street name and Timber . 3 . North arrow . 8 . Show existing structures in contrasting lines . • Signature of Owner/Appellant : , Date . Signature of Appellant / Agent : Date . E x.hl b t # 3 To : Zoning Board of Appeals • From : Cal Walker Subj : Variance Request Date : November 8 , 1989 I am completing a major renovation project on my home , having more than doubled its original size . All of the core construction work has been done on the house and I ' m now ready to redo the garage . In December of 1988 , I applied for and obtained a building permit for all construction except the garage . This was due primarily to a shortage of capital at that time , however , I was prepared ' -to start work on -the priority portion - the actual living space . I advised Mr . Frost that application for the garage would be made separately . There was nothing stated or implied regarding zoning or other regulatory problems with the garage plans at that time , nor any hint of the possibility of such a change ( s ) . I understand now that current requirements would render those same construction plans non- conforming . The house had a single bay garage to begin with . It was never truly functional as such because it was both structurally unsound and simply too small . Additionally , it had a flat roof which constantly leaked despite efforts to repair it . The old garage is being torn down . The new garage ( as designed ) is an integral part of the renovation and fits critically into the • overall scheme of both practicality and design . I have pushed the structure back as far as practical given that there is a very large embankment behind it which would cause additional problems which I ' d just as soon avoid . Given the fact that the total project pre - dates the change in zoning requirements , I would .greatly appreciate a variance that allows me to finish remodeling my home according to the original specifications . Regards , Zol Calemeze Walker • Exh; bI + t# 3 -\ ' ! 1 i 1 . lei r- C� H1 ib let Ex h bit . Ln • owl e ` b to N _ y y O So 00777 1 b96 Y7fW llyl IM Mr �f Tr T • �Qf 'S\ l y, q [roll] vie• 191010AC9 nu 0 x1 - w 1u � � a ♦ •i[ Y AV— ti or 3 Ct CERTIFICATION ELId1RA SAVt►lOUA Sj LoA , F. . , L4wyEPs TITLE' II.ISU ""c-G CO¢ P. , I hereby certify to 4MOQRE. . . . • that I am a licensed land surveyor , New York State License No . o4goroo and that this map correctly delineates an actual Nfh y survey on the ground made by me or under my direct supervision ; ��' � 4, em•: P `s � " t it was . prepared in accordance with the current code, of f e �"' , c' ctice for land title surveys adopted by the New York State '�a. sociation of Professional Land Surveyors ; and that I found no a r4 r visible encroachments either way across property lines except ^ ' ;'►o p�qo: ..• as shown hereon . �t LAND S .r $ Ii ':i U : DATLD : T1 ! 84 rrccrlrccacc� Mp` �, uE-f IC I4 b3 N V P104 BAILER CIL -CL) PIPE O 96T C 5G i/4Ge POUMV Q Q — — o 0 J 4 d6 ' W 15 1 . 5 ' �;) W a v « i � As 0 a CAL AMEZE WALKER Q - tY N C I DEEDS 500K 54461 PAGE XOG 4 a h / . tiN 'LAX MAP PARCEL "o. 9534- 15. 14 0 .. 'ti °t` .° d �i a to 40 4 N � Its / - f1/ I TjV " N V S \ y y a ` %% 00 N h Mn `11 J � Q � o It o IQ Q�a le 3% Ito Us 1 \ r 19t QEFEZEUCE SEE AP EUTITLED ' 4EGTIOuZ d 3a ;� I �D MULL HElGNTS StJ6oNISItX1 ' j o��° ,s` PIPE TED AP2lL 1, IRG1, A4tEUPED 00 alta $ FON[2 )GUST 19, 1RO by C . L . � W Cow ELL ! ¢ . ADO FILeD IU O Q Q� �` � / � V \p \•vl Ir 60 vo; �� ) �P 3Sr1ptL1US couuTY COfJRT NOUSC- y ` �p 91 � t' O v La o) v�~� CS�r` O a h y A 0 CL Ito o a of Lo ` p CO`` � 'L�� SURVEY MAP ='- No . 105 NICKOZY PLACE t li A. t . �. � '� . . TOWW OP ITHACAtTOMPKIIJ5 Co . cfroN .�(. • t : . .- c. : . r JULY( 21 1989 SCALE 1" • 30' 444t . 05. 4• ADRilsZ1119BR • 7, G , MILLER ASSOCIATES P. C . EM (SWEERS ALIO SURVE %t( ORS T � ACA , WEw YoRx ### #max ##### TOMPKINS COUNTY DEPARTMENT OF PLANNING #### # ##### Harry Missirian Acting Commissioner of Planning November 1 , 1989 To : Andrew Frost , Zoning Officer From : Harry Missirian , Acting Commissioner of Planning Re . Zoning Review Pursuant to Section 239- 1 and -m f he New York State General Municipal Law . Proposed discretionary action : Area variance appeal of Calameze Walker at 105 Hickory Place ( within 500 feet of county highway ) Tax Map No . 53- 1 - 15 . 14 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department . Zoning Review , pursuant to NY General Municipal Law , Section 239- 1 and -m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . copy : file Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 F.xhl b% A� *� 4 To : Zoning Board of Appeals From : Cal Walker Subj : Variance Request Date : November S . 1989 I am completing a major renovation project on my home , having more than doubled its original size . All of the core construction work has been done on the house and I ' m now reedy to redo the garage . In December of 1988 , I applied for and obtained a building permit for all construction except the garage . This was due primarily to a shortage of capital at that time , however , I was prepared to start work aD -the priority portion - the actual living. space . I advised Mr . Frost that application for the garage would be made separately . There was nothing stated or implied regarding zoning or other• regulatory problems with the garage plans. at that time , nor any hint of the possibility of such a change ( s ) . I understand now that current requirements would render those same construction plans non - conforming . The house had a single bay garage to begin with . It was never truly functional as such because it was both structurally unsound and simply too small . Additionally , it had a flat roof which constantly leaked despite efforts to repair it . The old garage is being torn down . The new garage ( as designed ) is an integral part of the renovation and fits critically into the overall scheme of both practicality and design . I have pushed the structure back as far as practical given than• there is a very large embankment behind it which would cause additional problems which I ' d just as soon avoid . Given the fact that the total project pre - dates the change in zoning requirements , I would .greatly appreciate a variance that allows me to finish remodeling my home according to the original specifications' . Regards , Al Calemeze Walker Y J TOWN OF ITHACA FEE : $40 . 00 126 East Seneca Street RECEIVED : Ithaca, New York 14850 CASH (_) C607 ) 273-1747 CHECK ZONING : A P PEA L For Office Use Only to the Building Inspector/Zoning Enfo rcement Officer and the Zoning Board of Appeals of . the Town of Ithaca, New York Having been denied permission w2 �� C �• ,, � leJl�- � � : tJ ��—a e 2m : �- - C, v e u o V- f C ni b . . ► l "•ti <� ,.�, i �c.•S V Go_N atG H �-1 r+ .i o--r Tovn of Ithaca Tax Parcel No . 3 3 - 3 - ? . "L as shown on the accompanying application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of . Article(s ) Sections ) of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this . Appeal from such denial and , do support of the Appeal , affirms that strict . observance of . the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : (Additional sheets may be attached as necessary . ) . l.v' 2 sc. rLc tt_ :tic S CAu V c%� 2 Lc�_11C2� u .•y tlwe� ; n chit cx./ !? y'j_ n � � CiCL� S � � }e-y�-J 1 �J !ice �O t e7! u•tt! �..-�_ K.' v1 e_ ►- c i �1c� CDP neT�'^ L� I l C. k. ✓ECv 7' Ci Signature of Owner/Appellant, / �y1 ' ���� . 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Proposed discretionary action : Appeal of Thomas Bell for variance of town sprinkler law at 614 Elmira Road ( state highway ) Tax Map No . 33- 3- 2 . 2 This memorandum acknowledges your referral of the proposal identified above for review and comment by the County Planning Department . Zoning Review , pursuant to NY General Municipal Law , Section 239- 1 and --m . This proposed action does not meet the conditions outlined in Section 239 -m and , therefore , requires no review by the Tompkins County Planning Department , copy : file Bis Center Building A . 301 Dates Drive Ithaca , New York 14850 ( 607 ) 274-5360 EXhl bid' 7 " F1flAVIT OF M11LICATJON OURI� AL TOWN, .OF ITHACA ZONING THE ( THA CA BOARD OF APPEALS, NOTICE , 1 OF 'PUBLIC HEARINGS , ' : WEDNESDAY, NOVEMBER 8, ? 1989, 7 :00 P. M. By direction of the Chairman t t � r.Ln �j =J� z1=-.Fk � of the Zoning Board of Ap- p eals NOTICE IS HEREBY . .i GIVEN that Public Hearingi ,1 (� will be held by the Zoning •1 .. . . . : _. .1. . . . _ . v_ .l . .l . ., - �5 - _. . . . . . . . being dLL �' S;.'Orn , dt'��5 � Board of Appeals of the Town of Ithaca on Wednesday, No- vember 8, in 126 East Seneca Street, (FIRST FIRST aa _ s•t .-s , tr.+et he rrclde-s i.:+ IL�1oCc , Cous, t,• And state aferesai �? >� 3 � Floor, REAR Entrance, West Side), Ithaca, N. Y. , COM Ls n n ^ MENCING AT 7:00 P. M. , on thA t b.0 ' f...e. � YJ. _ . . . . .. . . . ... . . _ . - .. . - . . _ ._. . . . . _ . . . . . .. . . . . . _ .. . . . - . . . . . _ . . . - - • - -- • --. . . . ._ the following matters. : APPEAL of Allen Semel, Ap- .,{ pellant, Chose Form Asso 0rf TRZ I �Ltie, 30l•P.NAl 8 p'jb1iC F7 Dt` K' figoJ pJL7 !9v 8L1G� j �LLS1lC3 ciates, Owner, requesting a variance from Article IV, Sec- i ition 11 , Paragraph 10, of the ' Itlam Lfor=LVid , azo tt a D•Jtice , 0. 'AiliC the nnneJC [ .' S & - true Town of . Ithaca Zoning Ordi- � i) nonce, for the construction of ` a single family home with an per. M` pUhi ; c }Je :i = Lr7 F' & interior height measurement - — - •• • •• • ••• ••• • • •- • • of 38 plus feet and an exterior, ' height of 30 feet to be located 2 q� at Lot # 13, 9 Chase Lone, Town -CTZ •�f.l^.. . _ - . - J :t . � . . J .. . . . _ . _ of . Ithoca Tax Parcel No. 6-45- 1 -61 , Residence District R- 15. Said Ordinance allows for an interior height measurement _ . . . . . . . . . . . . . . . . . . . . . . . . . _ . . .- . . . .. . .. . . .. _. . of no more than 34 feet and 1 t an exterior height of 30 feet. 1 L ? � r � F li'�t „ l 1j �_ ._ _ CI Sc: DC �.: C`e `.t'iiS O : ti A four foot interior height va- F — Lie - - . • - • • - -. .- -. . . . . . rionce is therefore requested. APPEAL of Calameze Walker, • QQ Or Appellant, requesting Special Yc• C �""+ • - IC- U - Approval under Article XII, Section 54, of the Town of Ithaca Zoning Ordinance, for ,�c� (;1 Q • - • - V.� Q �-. the extension of a non-con- _ -_. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. ..: forming building/lot at 105 Hickory Place, Town of Ithaca eSTax Parcel No. 6-53- 1 - 15. 14,� = C:+ C Stit'C ' ` , ' L'1E , t,1 $ . • - " . . .. . . . .. . ... . . . . . . .. . . .. . . _ . . . . . . . GE } Residence District R- 15. Said extension proposes the con- i struction of a 24' x 32' garage « _ . . .. . . . . . . . . . . .. . . _ - . . . . . . . - _. . - - . . . . . . . . . - - . I . . - . - . . to be located approximately 7 plus/minus feet from the northwest side property line, whereas a 20-foot side yard _ . . . ." " " ' - " " " " • " • ' • ' • • • • • . • . . . . . . . • • - - - - - - - • - - set back is required for an ir- regular shaped building lot. APPEAL of Thomas G. Bell, Ap- JEAN FORA pellant, requesting a variance under Section . 9 of Town of Notary PtJi� ll1C, State of New YorW atha Local Losacamended ,N NRequiro. riing _110 In- sSprinkInBuildingsldings In ms to e the Qualified Inj Town of Ithaca" for the tem- l� R1N� , ii COun porary exemption of on in- Commission expires May 31, » stalled and operational auto- matic fire suppression sprinkler system in a proposed . warehouse to be constructed and located at 614 Elmira Road on a recently subdivided portion on Town of Ithaca Tax Parcel No. 6-33-3-2. 2, Light In- j dustrial District: , Said Zoning Board of Appeals will at said time, 7 :00p. m. , and said place, hear all per- sons in support of such matters i or objections thereto. Persons i may appear by agent or • in person . Andrew S. Frost I Building Inspector/ Zoning Enforcement Officer I Town of Ithaca 273- 1747 November 3, 1969